Recent figures obtained from the Ministry of Justice suggest this trend is continuing, with applications for probate caveats rising by 12% over the last year. While a probate caveat is a specific legal procedure, the increase reflects a broader picture of more families finding themselves in dispute over Wills, executors and the administration of estates.
What is a probate caveat?
A probate caveat is a legal mechanism that temporarily prevents a grant of probate (or letters of administration) from being issued. Once entered, it generally remains in place for six months, although it can be extended.
It is designed to give someone time to investigate concerns before an estate is administered.
A caveat is not intended simply to delay the administration of an estate. It should only be used where there is a genuine legal reason to question whether probate should be granted.
Common reasons for entering a probate caveat include concerns about whether:
- A Will is valid
- The person making the Will had the necessary mental capacity
- Someone was subjected to undue influence or pressure when making or changing their Will
- There are concerns about fraud or forgery
- The person applying to administer the estate is suitable to do so.
Why are inheritance disputes becoming more common?
There is no single reason behind the increase, but several factors are making disputes more likely.
Higher-value estates
Rising property prices mean that estates that might once have been considered relatively modest can now be worth between £500,000 and £1m simply because they include a family home.
As the value of estates increases, so does the financial incentive to challenge a Will or the way an estate is being administered.
Many people also factor anticipated inheritances into their long-term financial planning. When expectations do not match reality, disagreements can quickly arise.
More complex family relationships
Modern family structures are often far more complicated than they were a generation ago.
Second marriages, blended families, stepchildren and children from different relationships can all create competing expectations about how an estate should be divided.
Where a Will has not been updated to reflect changing family circumstances, or where relatives believe they have been treated unfairly, disputes are more likely to follow.
Concerns about mental capacity and undue influence
An ageing population also means there are increasing numbers of cases where family members question whether someone had the mental capacity to make or amend a Will.
This can be particularly relevant where dementia or other cognitive conditions are involved.
Equally, concerns sometimes arise that a vulnerable person may have been pressured into changing their Will in favour of one individual over others.
These cases can be complex and require careful investigation before any legal action is taken.
Disputes can arise over how an estate is administered
Not every inheritance dispute is about who inherits what.
Disagreements also frequently arise over the actions of executors or administrators responsible for managing an estate.
Beneficiaries may have concerns about delays, a lack of communication, conflicts of interest or whether an executor is carrying out their duties properly. In some circumstances, it may be appropriate to seek the removal or replacement of an executor.
Can inheritance disputes be avoided?
Although it is impossible to eliminate every potential dispute, careful estate planning can significantly reduce the risks.
Regularly reviewing your Will, particularly after major life events such as marriage, divorce or the birth of children or grandchildren, helps ensure it continues to reflect your wishes.
Where appropriate, obtaining medical evidence of mental capacity when making or updating a Will can also reduce the scope for later challenges.
Choosing executors carefully and discussing your intentions with family members where appropriate may also help avoid misunderstandings after your death.
Resolving disputes constructively
Inheritance disputes can be emotionally draining as well as financially costly. They often involve close family members and can permanently damage relationships if they escalate.
Where disagreements do arise, early legal advice is important. In many cases, mediation can provide a quicker, more cost-effective and less confrontational way of resolving disputes than court proceedings, while giving families greater control over the outcome.
How TWM Solicitors can help
Whether you have concerns about the validity of a Will, the conduct of an executor or a dispute over the administration of an estate, obtaining specialist advice at an early stage can help clarify your options and protect your position.
Our experienced Will, Trust and Estate Disputes team advises beneficiaries, executors and trustees on a wide range of contentious probate matters, helping clients resolve disputes as efficiently and constructively as possible.